Question: australian law question answer using irac which is issue rule...
AUSTRALIAN LAW QUESTION ANSWER USING IRAC WHICH IS ISSUE RULE ANALYSIS AND CONCLUSION.
CASE STUDY: GEORGE AND HIS FAMILY
Scenario One (12 marks)
George goes to Eddie’s Electrics to buy a new printer. The salesman tells him that the best value one is out of stock. He also adds that it will do everything that George needs it for. The salesman says George can order one, pay for it now, and the salesman will arrange to deliver it free of charge within five days. George is happy with that and signs the order form with his payment in full.
When the printer arrives, his wife Mildred has to open it, because George is in hospital and is likely to be there for quite some time. On her visit to George, Mildred tells him that she has checked out the printer, but it does not have a scanning function, which they need. George tells her to take it back to the shop.
When Mildred goes there, the salesman says that they can’t give a refund, because the contract is with George. She explains that George is in hospital and that she needs to use the printer (and scanner) in the meantime, but the salesman won’t budge.
Is Eddie’s Electric correct that Mildred cannot get a refund on George’s behalf? Why/Why not?
Please use case law to support your answer. (Do not discuss genuine consent e.g., misrepresentation, mistake etc.)